[A2k] Streaming case in Australia

Manon Ress manon.ress at keionline.org
Thu Feb 2 18:22:18 PST 2012

Optus’ TV Now service has been given a legal reprieve after the NRL
and AFL went after it for allegedly infringing online rights they’d
sold to Telstra. Updated with official Optus response.

Justice Steven Rares ruled that the service essentially constituted
the same kind of service offered by timeshifting devices such as PVRs.
ITNews reports that Rares ruled that

    “Even though Optus provided all the significant technology for
making, keeping and playing the recording, I considered that in
substance this was no different to a person using equipment or
technology in his or her home or elsewhere to copy or record a

It’s not entirely a legal slam-dunk for Optus, though, with Rares
noting that a separate ruling would need to be made in the future as
to whether Optus’ use of Quicktime streaming for serving TVNow to
iPhones and iPads constituted a copyright infringement. Equally, this
case will clearly go to appeal, so it’s not quite over yet.

    Clare Gill, General Manager Corporate and Government Affairs, Optus said:

    · Optus is extremely pleased with the decision handed down today.

    · We were confident that the Optus TV Now product was well within
the intention and the spirit of the Copyright Act and this was
confirmed by today’s decision.

    · Optus is committed to delivering choice and convenience to
Australians and the result of the TV Now court proceedings is a major
win for consumers, innovation and the law.

    · Optus is putting control in the hands of the customer and is
proud to advocate consumers’ rights when it comes to content

    · The time shifting capabilities of Optus TV Now are no different
to many other personal video recording services already available to
consumer such as TiVo, Play TV, T-Box and Foxtel IQ.

    · The Copyright Act was amended in 2006 to allow this type of
innovation and we are very pleased the court has confirmed this.

    · Convergence is upon us and we need to ensure that Australians
have the choice, convenience and flexibility to access content when
and where they want.

    · Optus intends to keep leading the market with converged,
innovative and differentiated digital services.

Manon Anne Ress
Knowledge Ecology International
1621 Connecticut Ave, NW, Suite 500
Washington, DC 20009 USA
manon.ress at keionline.org

More information about the A2k mailing list